General terms and conditions

THESE GENERAL TERMS AND CONDITIONS APPLY TO ALL BOOKINGS MADE WITH THE AUBERGE BASQUE BY A PRIVATE CLIENT.

1. Introduction

1. The purpose of this document is to define the terms and conditions under which the Auberge Basque allows its clients (hereinafter referred to as ‘the Client’) to benefit from all of the Services available, in particular those relating to bookings made via the www.aubergebasque.com Website. Operated by the Auberge Basque, the Auberge Basque bookings Website www.aubergebasque.com enables the booking of guest rooms at the Auberge Basque. – By telephone, on: +33 (0)5.59.51.70.00 – On site, at the reception desk – Via agencies selected by the Auberge Basque – Via our Suppliers. 2. The Client confirms that they have received from the Auberge Basque all the information required to make their choice and complete their booking. 3. Any booking made via the www.aubergebasque.com Website implies consultation and total and unreserved acceptance of these General Terms and Conditions, as well as of the Booking Price Terms and Conditions clearly mentioned in the price description at the time of booking. The Client must confirm by ticking the box that they understand and accept these General Terms and Conditions, plus the Booking Price Terms and Conditions, before confirming their booking. No booking can be made without this agreement. For all other types of booking, the Client will receive these General Terms and Conditions on confirmation of their booking. Confirmation of a booking implies compliance with these General Terms and Conditions and total and unreserved acceptance of the provisions listed within them. 4. The Client has the possibility of saving and printing these General Terms and Conditions via the standard functions of their computer or browser. 5. The following information is contained on this Website: – the email address and telephone number of the Auberge Basque – key features of the different types of accommodation available at the Auberge Basque – key features of any optional or additional Services offered – prices including VAT – Booking Price Terms and Conditions – terms of payment – sales conditions – period of validity of any special offers and their prices. 6. Prior to booking, the Client confirms that the booking is for their own, personal needs. By virtue of their status, the Client has specific rights which would be called into question if the Services booked were not for their personal use. 7. All information provided on the www.aubergebasque.com Website is presented in French and other languages. 8. The Client declares that they have full legal capacity to commit to these General Terms and Conditions. Any booking made by a minor (from 16 to 18 years of age) shall only be taken into account by the Auberge Basque after obtaining a Signed Release from the legal representatives of both the minor who made the booking and any accompanying minors. The Auberge Basque reserves the right to ask for any proof necessary to authenticate the signature on the Release.

2. Definitions

For the remainder of this document, the terms used shall have the following meanings: – “Booking Summary”: a digital document summarizing the particulars of those Services selected by the Client on the www.aubergebasque.com Website. This document precedes the Client’s acceptance of these General Terms and Conditions as well as the Client’s entry of their bank details in order to make a prepayment or deposit. – “Booking Confirmation”: a digital document sent to the Client to inform them that their booking has been registered, summarizing the particulars of the Services booked by the Client on the www.aubergebasque.com Website. – “Client”: a natural person acting exclusively for their personal needs. – “Booking Price Terms and Conditions”: price applicable to the Client’s selected date for a specific category of room with or without breakfast, payment conditions, conditions governing any change to the date of the booking or to the Services booked, plus cancellation terms. – “Booking Request”: a Client’s request to book rooms, products and/or services at the Auberge Basque. – “Auberge Basque: hotel establishment run by Marion & Cédric Béchade – owner and manager – as a limited company. – – “Supplier”: refers to any service provider who has established a Service contract or partnership agreement with the Auberge Basque. – “Services”: rooms, products or services booked at the Auberge Basque by the Client. – “Website”: refers to the www.aubergebasque.com Website.

3. Purpose

1. These General Terms and Conditions define the rights and obligations of the Client and of the Auberge Basque for any kind of booking (including remote booking) of Services provided by the Auberge Basque. 2. They govern all the steps required for a booking and its follow-up between the contracted parties. 3. The Client declares that they have read and accepted these General Terms and Conditions as well as the Booking Price Terms and Conditions.

4. Modifications

The Auberge Basque reserves the right to modify or supplement all or part of these General Terms and Conditions at any time. The latest version of these General Terms and Conditions will be available on the Website at all times, with the date it came into effect. The Client is advised to consult these General Terms and Conditions on a regular basis in order to be aware of any modifications. In any event, the Client shall only be bound by the version in force at the time they booked the Service. The Auberge Basque is not responsible for any damage of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the Website or of the Services associated with it, such as the online booking page, the private link, or unavailability of the booking system.

5. Bookings

1. The Client selects the Services they require from those offered by the Auberge Basque. 2. The Client declares that they have taken note of the nature, price, destination and booking terms of the Services available and has requested and obtained any necessary and/or additional information, in particular the Booking Price Terms and Conditions and has made their booking in full awareness of the facts. 3. A single Client may book a maximum of three (3) rooms per Website booking. In order to book more than three (3) rooms, the Client may request a call from reception by clicking on the link provided at the bottom of the Website, or may themselves contact the Auberge Basque reception. 4. The Client accepts sole responsibility for their choice of Services and their suitability, to the extent that the Auberge Basque cannot be held liable in this respect. 5. Any booking is deemed accepted by the Client at the end of the booking process. 6. All bookings are nominative and may not be transferred to a third party, whether free of charge or for a fee. Any booking made for a third party must be made in the name of that third party. 7. Bookings for facials, massages, yoga classes and/or swimming lessons made with our external service providers via reception carry the same cancellation terms as for accommodation. In the event of cancellation within seven days of the scheduled appointment, the Client undertakes to pay the service provider the full amount due for the Service.

6. Booking Procedure

1. The Client makes their booking either directly online via the Website or via reception, Tel: +33 (0)5.59.51.70.00 2. The booking request is confirmed on the Client’s receipt of the Booking Confirmation, sent by the booking site or by reception. 3. The Client undertakes, prior to any booking, to provide the compulsory information required for the creation of the booking request. 4. The Client attests to the veracity and accuracy of the information provided. 5. The booking procedure includes the following steps: Step 1 – Selection of the room and of the Booking Price Terms and Conditions. Step 2 – Selection, where applicable, of one or more additional Services. Step 3 – Presentation of the Booking Summary, total cost, Booking Price Terms and Conditions including in particular payment and cancellation terms, modifications where necessary to the choice of Services (date, room, price, additional services), and information on tourist taxes. Step 4 – Entry of contact details by the Client. Step 5 – General Terms and Conditions: On the Website, the Client confirms before confirming the booking that they have read and accepted these General Terms and Conditions and the Booking Price Terms and Conditions. No booking can be made without this agreement. For all other booking methods, the Client receives these General Terms and Conditions on confirming the booking. Confirmation of the booking implies adherence to these General Terms and Conditions and full and unreserved compliance with their provisions. Step 6 – Entry of the Client’s credit card number where a deposit or prepayment is requested. Step 7 – Confirmation and validation of the booking and payment by the Client. The Client’s entering of their bank details constitutes their assent and effectively binds them contractually to the Auberge Basque. Step 8 – Client receipt of a booking confirmation email. This email summarises the date of the booking, the Services booked, the price including VAT with details of the applicable taxes, the Booking Price Terms and Conditions (including cancellation terms) agreed to by the Client, the General Terms and Conditions and the address of the Auberge Basque. If the confirmation email is not received within 24 hours of booking, it is the Client’s responsibility to contact the Auberge Basque reception in order to check the information provided and registration of the booking.

7. Cancellation or modification by the Client

1. The Client is reminded, in accordance with article L. 221-28-12 of the French consumer code, that they do not have the right of withdrawal provided for in article L. 221-18 of the French consumer code. 2. The Booking Price Terms and Conditions accepted by the Client specify the terms and conditions for cancelling and/or modifying a booking. Bookings with prepayment for a non-refundable and non-cancellable rate cannot be modified and/or cancelled. 3. Any interrupted stay in the case of a booking with prepayment for a non-refundable and non-cancellable price cannot incur any refund. 4. Where the Booking Price Terms and Conditions so allow: – the cancellation of a booking made on the Website can be made directly via the link at the bottom of the confirmation page. For bookings made via the Auberge Basque reception, cancellations can only be made by contacting the hotel. – changes to the booking can be made directly with the Auberge Basque, whose telephone number is indicated on the confirmation email received by the Client. In the event of a no-show, i.e. a booking that has not been cancelled but for which the client does not arrive on the appointed day, and where the booking has been secured by credit card or prepayment, the Auberge Basque will debit the amount due for one night as compensation for the loss suffered as a result of the no-show, or will not reimburse the deposit. If more than one night has been booked, Booking Price cancellation terms apply. Cancellation of a treatment, massage, yoga class or swimming lesson within seven days of the scheduled appointment will result in the full cost of the Service originally booked being charged.

8. Cancellation by the Hotel

In the event of an exceptional event or the impossibility of making the booked room available to the Client, or in the event of a force majeure, the Auberge Basque may offer the Client alternative accommodation in a hotel of at least an equivalent category or, where it is of a lower category, a room of a higher standard than that booked originally, for Services of the same nature. Any additional costs associated with this change of accommodation, for Services of the same nature, shall in these circumstances be borne by the Auberge Basque. The Client may also cancel the booking and in this case will receive an immediate refund.

9. Staying at the Auberge Basque

1. Any person staying in the establishment must present a valid I.D. at check-in. Should they fail to do so, the Auberge Basque may refuse to rent them a room and/or may cancel their booking without the possibility of a refund, in accordance with the Booking Price Terms and Conditions. Overseas guests, including any accompanying persons and adolescents over 15 years of age, must complete an “individual police form”. Children under 15 years of age may be included on an accompanying adult’s form. The information contained in these forms is governed by the French “code of entry and residence of foreigners and right of asylum, article R.611-42”. The Client may not allow any third party into the room without the express permission of the Auberge Basque, which reserves the right to conduct all necessary checks. 2. Cats and dogs are welcome provided they are kept on a leash in all communal areas of the establishment. However, the Auberge Basque may refuse to accept any pet or other animal liable to present a safety risk to other guests, the assessment of this risk being at the discretion of the Auberge Basque. Animals are allowed into the restaurant areas. In order to ensure everyone’s peace and quiet, animals must not be left alone without supervision. An additional fee may be charged per animal for any damage incurred. 3. The Client agrees and undertakes to use the room and communal areas placed at their disposal in a reasonable manner. Any behaviour contrary to the principles of safety and/or hygiene, good morals and/or public order may lead the Auberge Basque to ask the Client to leave the establishment without a refund. 4. Any damage caused by the Client or any member of their party, whether in the room or in another area used by the Client during their stay, must be reported to hotel reception or to the Manager. The Client may be billed directly for the cost of repairs. For reasons of safety and mutual respect, smoking is strictly forbidden in the hotel. In accordance with France’s public health code provisions stipulating conditions for the application of the smoking ban in public places, any Client found smoking within the hotel risks a ‘class III offence’ fine or legal proceedings. A penalty up to the price of the room booked may be applied if the Client does not respect the No Smoking sign in their room. 5. The Auberge Basque has a set of internal regulations for Clients. The Client agrees and undertakes to comply with these regulations, the provisions of which apply both to them and to any other member of their party. In the event of any breach of the aforementioned regulations, the Auberge Basque may immediately evict the Client and all members of their party, without compensation and/or refund if payment has already been made. The Auberge Basque may also refuse any future bookings. 6. Unless otherwise expressly agreed, the Client must leave the room before 12 noon on the day the booking ends. Failure to do so will result in them being charged for an additional night. 7. The Auberge Basque is a boutique hotel and most items in the rooms, such as candles, bottles, bags, speaker, coffeemaker, kettle, linen, bathrobes, Sothys and Ma Thérapie beauty products, books and decorative elements are intended to enhance your stay. Any item removed will be billed at cost.

10. Guarantee

Hotels are bound by a Services guarantee, under the conditions set out in Articles L. 212-1 etc. of the French consumer code.

11. Liability

1. The photographs presented on the Website are not contractual. While every effort is made to ensure that the photographs, texts and images used to illustrate the hotel provide as accurate an idea as possible of the accommodation and Services provided, variations may occur, mainly due to changes in furniture or occasional refurbishments. The Client may not claim any compensation for this. 2. In accordance with the laws and regulations governing intellectual property rights, the use and/or reproduction of all or part of the Services shown on the Auberge Basque Website is strictly prohibited, as is any reproduction of the decor and/or characteristic elements of the Auberge Basque. In order to respect the privacy and image rights of other Clients at the Auberge Basque, Clients shall refrain from taking photographs of them within the hotel or on its premises and/or from publishing photographs taken in these circumstances. 3. The Auberge Basque assumes no liability whatsoever for any direct or indirect damage resulting from the actions of a third party, of a Client or of the Auberge Basque’s suppliers. 4. Hypertext links may lead to Websites other than those of the Auberge Basque, which assumes no liability whatsoever for the content of those Websites or the services they offer. The Auberge Basque has put in place measures to protect and secure their computer system against malicious acts. However, connecting to the Website and making a booking implies that the Client is aware of and accepts the properties and limitations of the internet and the lack of protection of certain data from possible misappropriation or piracy, plus the risk of contamination by certain viruses circulating on the internet. The Auberge Basque declines any responsibility in the event of any misuse or incident relating to the use of a computer or any other device that provides access to the internet, to the maintenance or malfunctioning of the Website or any other technical link, or to the sending of information to an incorrect address. 5. Any booking or payment that is irregular, invalid, incomplete or fraudulent for a reason attributable to the Client will result in the cancellation of the booking at the Client’s expense, without prejudice to any civil or criminal action against the Client. 6. The Auberge Basque reserves the right to refuse or evict, without a refund, Clients whose attire is indecent and/or slovenly, whose attire is designed to conceal the face (Law N°2010-1192 of 11 October 2010), Clients whose behaviour is noisy, improper or under the influence of alcohol, and Clients whose behaviour runs contrary to the rules of hygiene, good morals and public order. Proper attire is required in the restaurants and in the hotel’s communal areas. Clients must remain courteous and respectful towards the hotel staff. Any Client using verbal or physical violence, racist behaviour or remarks, or any other form of harassment towards the staff will be evicted without a refund.

12. Prices

1. The prices of all Services are communicated prior to and at the time of booking. 2. The prices quoted are per room for the number of persons and the date(s) selected. Unless otherwise stipulated, additional Services (breakfast, half board, full board etc.) are not included in the price. The total amount due for Services booked will be indicated on confirmation of the Client’s booking. Prices include the VAT applicable on the date of booking. Any change to VAT rates will be applied automatically on the date of invoicing. 3. Prices confirmed to the Client are inclusive of all taxes and are in the hotel’s operating currency (Euros), which in some cases may be different from the establishment’s local currency. The prices communicated are valid for a specific period only. All bookings are payable in the hotel’s local currency. 4. If a price requires payment to be made to the Auberge Basque in a currency other than the one confirmed on the booking, exchange fees (conversion and bank charges) shall be borne by the Client. Please note that any conversion of the booking currency into another currency is provided purely as an indication and is noncontractual, due to possible changes in exchange rates between the booking date and the date of stay. 5. Tourist taxes plus any local taxes are indicated for each price and must be paid in person at the hotel, except in the case of online prepayment where these amounts may be included. 6. Any change to or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically applied to the prices indicated on the billing date. Prices may increase in line with different taxes depending on the city/country. These taxes will be communicated to the Client at the time of booking, provided they are known to the hotel at that time. If not, they will be put on display at the Auberge Basque reception. The Client undertakes to pay the various taxes to the Auberge Basque without dispute. 7. The Auberge Basque guarantees that the prices featured on its Website are its lowest rates.

13. Payment

1. The Client provides their payment details either (i) to prepay the booking prior to their stay, or (ii) as security for the booking in the event of a no-show. When a bank card is used, the information required is: the bank card number with no spaces between the digits, its date of expiry (it must be valid at the time of the stay) and, in the case of a prepayment, the security code. The Client’s bank card is subject to security checks (outstanding balance, country of provenance, IP address country etc.) and may be refused for several reasons: a stolen or blocked card, spending limit reached, input error, etc. In the event of a problem, the Client must contact both his bank and the establishment and any other affected entity, in order to confirm his booking and payment method. Online payments may be made by Visa, Mastercard or American Express. This list is subject to change. 2. Payment is debited by the Auberge Basque during the stay, except in the case of special conditions or rates where payment is debited at the time of booking (prepayment for certain rates). 3. Where a booking is made with reception for an amount exceeding 5,000 euros, the Client will systematically be asked to pay by bank transfer. Payment by bank transfer may also be requested for smaller amounts or at the specific request of the Client. 4. Where payment is made at the Auberge Basque, the Auberge Basque may accept another means of payment, but the Client must present the bank card used to secure the booking/make the prepayment in order to prove their identity. The Auberge Basque may also ask the Client to show proof of identity in order to prevent credit card fraud. Where the Client has not prepaid their stay, the establishment will, upon arrival, ask them for a deposit or authorization to debit their bank card in order to secure the stay, for an amount equal to the price of the total nights booked plus a fixed amount of 100 euros per person per day to secure any additional Services. The same deposit will be required from third party guests. If the Client has prepaid his stay, the establishment may ask them to pay a fixed amount of 100 euros per person per day to secure any additional Services. In the case of remote sales made by telephone, the Client is informed that they must sign the sales receipt on arrival at the Auberge Basque. 5. In the event of a no-show, i.e. a booking that has not been cancelled but for which the client does not arrive on the appointed day, and where the booking has been secured by credit card or prepayment, the Auberge Basque will debit the amount due for one night as compensation for the loss suffered as a result of the no-show, or will not reimburse the deposit. If more than one night has been booked, Booking Price cancellation terms apply. 6. At the time of prepayment, the amount debited corresponds to 30% of accommodation costs excluding additional Services and taxes.

14. Personal data

1. Any personal data requested for your booking, i.e. your title, surname, first name, postal address, telephone number with country code, email address, bank card details (card type and number, holder’s name, expiry date and security code where provided), plus any data communicated to us or generated from your visit to our Website is confidential. 2. As such, it is only accessible to the Auberge Basque and is used to process your bookings and stays and, provided that you have ticked the relevant box, to send you our newsletter and special deals and answer your requests. It is kept for the duration required for the commercial relationship established between the Client and the Auberge Basque. 3. Certain information requested in the forms is compulsory, as indicated by an asterisk. If you choose not to provide this information, we will not be able to process your request. 4. In accordance with France’s amended computer information and freedom law of 6 January 1978, you have the right to access, rectify, delete, and request the limited processing of your personal data. You also have the right to object to the processing of your data for legitimate reasons, the right to object to the processing of your data for the purposes of business prospecting, and the right to instruct us on the handling of your data after your death. To find out more about the processing of your data and all your personal data rights, please consult our privacy policy at: https://www.aubergebasque.com/mentions-legales-credits/. To exercise these rights, please email the Auberge Basque reception at: contact@aubergebasque.com

15. Proof of agreement

1. Entry of the required bank details, together with acceptance of these General Terms and Conditions and of the booking form or request, constitutes acceptance of the hotel contract between the parties, and has the same value as a handwritten signature.
2. The computerized registers kept in the computer systems of the Auberge Basque shall be kept in reasonable conditions of security and shall be considered as evidence of the exchanges, orders and payments made between the parties.

16. Force majeure

The Auberge Basque shall not be held liable to the Client in the event of non-fulfilment of its obligations resulting from an event of force majeure. Likewise, the Client shall not be held liable to the Auberge Basque in the event of non-fulfilment of their obligations resulting from an event of force majeure. Force majeure or fortuitous events are those recognized as such by the French courts and tribunals. The Auberge Basque may offer the Client alternative accommodation in a hotel of at least an equivalent category or, if of a lower category, a room of a higher category than that originally booked, for Services of the same nature. Any additional costs associated with the change in accommodation, for Services of the same nature, shall be borne by the Auberge Basque. The Client may also cancel the booking, in which case an immediate refund will be made.

17. Applicable legislation

1. These General Terms and Conditions are governed by French legislation. 2. This applies to both substantive and procedural rules.

18. Application

1. These General Terms and Conditions, the Booking Price Terms and Conditions, and the Booking Confirmation constitute the entire agreement between the parties. 2. No general or specific conditions communicated by the Client may be incorporated into these General Terms and Conditions. 3. The documents constituting the contractual obligations between the parties are, in decreasing order of priority, the booking form or request (including specific conditions attached to the booking price), as agreed to by the Client, and these General Terms and Conditions. 4. In the event of any inconsistency between the booking confirmation and these General Terms and Conditions, the provisions stipulated in the Booking Confirmation shall be the only ones applicable to the related contract.

19. Mediation

After contacting the Management, and in the absence of a satisfactory response within 60 days, the Client may refer the matter to the French travel and tourism mediator at the following address: MTV Médiation Tourisme et Voyage, BP 80303, 75823 PARIS, CEDEX 17 Email: info@mtv.travel Website: http://www.mtv.travel